- (1.) This appeal has been filed by appellants-Satbir Singh alias Satta, Pawan Kumar and Sonu alias DD against the judgment and order dated 10.1.2008 passed by the learned Additional Sessions Judge, Panipat whereby the appellants were held guilty for the commission of offences punishable under Section 302 read with Section 34 of the Indian Penal Code (IPC' - for short) and Section 25 of the Arms Act. They were sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each for the offence under Section 302 read with Section 34 IPC and in default of payment of fine to further undergo rigorous imprisonment for a period of one year. The appellants were further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,000/- each for the offence under Section 25 of the Arms Act and in default of payment of fine to further undergo rigorous imprisonment for a period of three months.
(2.) Both the substantive sentences were, however, ordered to run concurrently. The facts of the prosecution case in brief are that the FIR (Ex.PL) was registered on the statement of Ishwar Singh, who mainly stated in his statement got recorded to SI/SHO Ramesh Kumar, ASI at about 11.20 p.m. that on 5.10.2005, he was present at his house. At about 8.20 p.m. Ajay son of Ved Prakash came to his house and told that his brother Ram Niwas was sitting on his seat in shop No.11 at Anaj Mandi, Samalkha. Three unknown young men came on motorcycle and kept their motorcycle in running condition ahead of the Tea stall and two boys alighted from that motorcycle and entered the shop of Ram Niwas. Suddenly, he heard the noise of bullet. At that time, he ran towards the shop. Two boys came out of the shop. Their motorcycle was standing and after sitting on the motorcycle, they ran away towards Vaish College. Those three boys were wearing pants and shirts. At that time, many people were standing at the shop. After receiving the information, he reached the shop and took his brother Ram Niwas to Prem Hospital, Panipat. The doctor of the said hospital declared his brother Ram Niwas as dead due to fire shot on right side of his chest. After leaving the dead body of Ram Niwas in the mortuary of Civil Hospital, Panipat and leaving Rajesh alias Billa there, he was going for giving information when the Police party met him by chance at the gate of grain market of Samalkha where his statement was recorded. SI/SHO Ramesh Kumar sent that statement to Police Station, Samalkha for registration of a case with his endorsement (Ex.PS/1), on the basis of which FIR (Ex.PL) was registered by ASI Rajinder Singh.
(3.) Then an application was moved before Senior Medical Officer, General Hospital, Panipat for conducting post-mortem examination on the dead body of the deceased. The doctor on post-mortem examination found wound oval in shape 5 cm below right clavicle of the size of 2 x 1.1 cm with inverted margins. Ecchymosis around the wound was present. Blackening was also present. As per the doctor, the cause of death was shock due to haemorrhage due to the injuries described. The injuries were ante-mortem in nature and were sufficient to cause death in ordinary course of nature.;